Widow of murdered bank messenger considers legal action for damages

The widow of a bank messenger shot dead while he was on duty in San Gwann two years ago has made a final appeal to Bank of Valletta to pay her damages - or else face court action.

Alphonse Ferriggi was killed in front of the bank's San Gwann branch on September 18, 2000, as he was about to deposit bank correspondence into a night deposit box just before dawn.

His widow, Mary, said yesterday she was being left with no option but to take the bank to court if they did not pay her and her 14-year old son damages in terms of the bank's insurance policy for employees killed on duty.

A senior spokesman for Bank of Valletta said the "bank has handled and shall continue to handle the matter fairly and in full respect of the law, and has already effected payments to Mrs Ferriggi in terms of the relevant section of the bank's collective agreement".

Mrs Ferriggi's lawyers, Jason Azzopardi and Kris Busietta, said it was about time that justice was done with the Ferriggi family as they had gone through enough hardship.

Mr Ferriggi, like every other BOV employee, was covered by an insurance policy stating that the family was entitled to damages if he was injured on duty, Dr Busietta said.

"The bank told her it first wants the magisterial inquiry to be concluded to establish whether Mr Ferriggi was killed in the line of duty or whether the motive was personal.

"Earlier this month, we filed a judicial letter on Mrs Ferriggi's behalf asking the bank to pay up. However, payment has not been effected. We received correspondence from the bank's lawyers stating that the position of the bank remains unchanged. Unless some miracle happens, Mrs Ferriggi will shortly be taking the bank to court.

"Enough time has passed. The murder happened two years ago. It is a last resort for Mrs Ferriggi. Following the murder, the bank issued part of the sum as a gesture of goodwill and without prejudice to the case. We believe this is not enough."

Mr Ferriggi, 42, of Msida, was killed as he was about to deposit internal bank correspondence at the bank's branch in Naxxar Road, San Gwann.

Mr Ferriggi was shot in the face at close range and died on the spot. He was hit by a single cartridge fired from a semi-automatic shotgun. The murderers took bags containing cashed cheques and correspondence.

The police made several arrests but the case remains unsolved.

"We are aware that some months ago the police sent a sample of material for DNA tests to the UK but there have been no developments. The investigation has not been concluded," Dr Busietta said.

Mrs Ferriggi said she was hoping that the bank authorities would have a change of heart at the eleventh hour.

"I am very reluctant to go to court but I am being left with no option. I appeal to the bank to reconsider its position. It's very painful for me and for my son to have to go to court over this."

She recounted how the events of two years ago left a traumatic mark on herself and her son.

"My son was very close to his father. They were always together. It is still very hard for Ian to accept that his father was killed. It also affected him tremendously at school, even from an academic point of view.

"Personally it has been an uphill struggle. You never think something like this could happen to you. We had been married for 22 years and I never imagined it would end like this... We had a very happy married life and were very close to each other. The loss of my husband will remain an open wound all my life... this is also the case with Ian."

Mrs Ferriggi said her husband was liked by everyone and he had no problems with third parties.

"I have no doubt whatsoever that the motive of the murder was related to the work he was doing... He was very kind-hearted and had no enemies. We were always together and he was a family man... I can vouch for his lifestyle."

Dr Busietta said Bank of Valletta had agreed to pay damages in principle but it wanted the magisterial inquiry to be concluded first.

"But for all I know the inquiry can take 15 years to be concluded. There is no fixed timeframe for how long an inquiry should take. Certain inquiries are never concluded.

"The bank is saying the inquiry still has to establish whether Mr Ferriggi was the victim of a violent hold-up or whether the murder was premeditated and the motive personal. Obviously, since the murder has not yet been solved, there are always different theories but the investigations all indicate that Mr Ferriggi was killed in connection with his work and that the motive was not personal."

Dr Busietta said the bank's position was straightforward: "In recent correspondence with their lawyer, Dr Peter Borg Costanzi, the bank stated very clearly that it was willing to pay only when the inquiry is closed. I would like to take the opportunity to express my appreciation to Dr Borg Costanzi, who has been very sympathetic and understanding."

Dr Busietta said they had also made an offer to BOV to open a bank account in Mrs Ferriggi's son's name.

"We proposed that the bank account would not be touched for a specified number of years and Mrs Ferriggi and her son would only be able to benefit from the interest until this specified period of time elapses. In that way we would be allowing a period of time for the inquiry to be concluded.

"But the bank has not accepted our offer and is still insisting that the payment should only be issued after the inquiry is concluded."